The purpose of no-fault insurance is to simplify the claim process by eliminating the need for proving fault through witness testimony, police reports, photographs, etc., but there are still times when the help of a car accident lawyer can be invaluable. This is especially true if your policy is not enough to cover the expenses for your injuries. Keep reading to learn more about the complications you could face with a no-fault insurance claim, and when you may need to work with an attorney.
First off, where is there no-fault insurance?
This system can be found in: the District of Columbia, Florida, Hawaii, Kansas, Kentucky, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah.
Serious Injuries
Not every state operates by no-fault insurance, and how these policies pan out will vary a great deal from state to state. In many of these states though, a person cannot go after another motorist for compensation unless their medical bills are too much for no-fault insurance to cover. To get more compensation than a no-fault policy allows, you would have to prove that you are past the "serious injury" threshold, again, with each state having vastly different rules on the matter. For example, in Minnesota, "serious injury" could mean showing that you had at least sixty days' disability, while in Florida, you would have to prove permanent injury.
If you can prove this, you might be able to get more in compensation, including damages for pain and suffering. This in and of itself can be tricky, while pursuing an injury claim outside of the no-fault system is often a complicated process. This would be a situation where you should probably hire a car accident attorney.
Personal Injury Protection (PIP)
These benefits are meant to cover you and your family's medical bills after a car crash, and passengers might be covered too. However, determining who is covered can sometimes be a technical matter. For one thing, policies may not be straightforward. And then there may be a heightened level of difficulty in your case. For example, if it was not your car involved in the crash, could your coverage still apply to that accident. This is often an area of no-fault insurance that could benefit from the insight of a lawyer. That way, everyone can get the coverage they are owed.
Compensation for Lost Income
Not all PIP benefits will provide income replacement, but there are states where claimants can get covered for some of the time they have had to miss work. If your insurer will not provide the coverage you are due from your policy, an attorney can step in and help you preserve your rights.
When a Defect Caused the Crash
Sometimes, not a single driver on the road can be blamed for an auto accident. Sometimes, a manufacturer could be sued, such as for faulty brakes or a malfunctioning steering system that led to the crash. Usually speaking, you cannot go after the negligent manufacturer in the no-fault system. You may need to consider filing a lawsuit.
Even if you are unsure of whether or not you need an attorney, it cannot hurt to schedule a consultation with one. You can get an overview of what you can expect from your case, some legal advice, and an idea of how a lawyer is qualified to help you get a fair result. If you or a loved one are left with serious, costly injuries and a good deal in lost income after a crash, this is not a time when you can afford to get less than a fair result from insurance. Get the legal help you deserve today!